Photo of David Stauss [Former Attorney]

David Stauss [Former Attorney]

 

Formerly with Husch Blackwell, David routinely counseled clients on complying with privacy laws such as the EU's General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws.

Keypoint: The VCDPA Work Group’s final report contains 17 “points of emphasis” derived from six Work Group meetings; however, the Work Group’s recommendations for modifying the VCDPA will not be presented until the legislature opens in January 2022.

On November 1, 2021, the Virginia Consumer Data Protection Work Group issued its 2021 Final Report. By way of background, § 59.1-581.2 of the Virginia Consumer Data Protection Act (VCDPA) required the Chairman of the Joint Commission on Technology and Science to create a work group to “review the provisions of [the VCDPA] and issues related to its implementation.” The Chairman was required to “submit the work group’s findings, best practices, and recommendations regarding the implementation of [the VCDPA] to the Chairmen of the Senate Committee on General Laws and Technology and the House Committee on Communications, Technology and Innovation no later than November 1, 2021.”

The Work Group met six times from June to August 2021. A summary of those meetings is contained in the Final Report and copies of materials relating to those meetings are available on the Joint Commission’s webpage.

Ultimately, the Work Group identified 17 “points of emphasis” from its six meetings but stated that the Work Group’s “recommendations based on these points of emphasis” would be presented by Delegate Hayes and Senator Marsden (the VCDPA’s sponsors) during the upcoming legislative session.

Below is a summary of the points of emphasis along with some analysis. For ease of reference, we have grouped the points of emphasis into seven categories.

What U.S. Companies Need to Know about China’s New Privacy LawKeypoint: China’s Personal Information Protection Law is a complicated regulatory regime that will require U.S. entities subject to its requirements to undertake substantial compliance efforts.

Effective November 1, 2021, China will become the latest country to enact a national data privacy law akin to Europe’s General Data Protection Regulation (GDPR). The new law – entitled the Personal Information Protection Law of the People’s Republic of China or “PIPL” – will require foreign companies, including U.S. companies, operating in China (and in some cases, operating purely outside of China) to undertake new compliance efforts.

To facilitate that process, below is a general discussion of PIPL and some of its more notable provisions. For reference, PIPL has been translated into English by DigiChina, which has a wealth of resources available on its website for those interested in further reading on this new law.

CPRA Regulations: California Privacy Protection Agency Commences Preliminary Rulemaking ProcessKeypoint: The California Privacy Protection Agency initiates preliminary rulemaking activities under the California Privacy Rights Act.

On Wednesday, September 22, 2021, the California Privacy Protection Agency (Agency) issued an Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act of 2020.

California voters approved the California Privacy Rights Act (CPRA) in November 2020. The CPRA, which goes into effect on January 1, 2023, significantly revises the California Consumer Privacy Act (CCPA).

In the seventh episode of our Legislating Data Privacy series, we talk with Connecticut Senator James Maroney.

Senator Maroney is the author of Senate Bill No. 893, which would have granted Connecticut residents various privacy rights regarding their personal data.

In this episode, Senator Maroney discusses the fascinating path of S.B. 893 during the…

Oklahoma Privacy BillKeypoint: The 2022 legislative session of proposed state consumer privacy legislation kicks off with the filing of a new bill in Oklahoma.

On September 9, 2021, Rep. Collin Walke (D) and Majority Leader Rep. Josh West (R) filed the Oklahoma Computer Data Privacy Act of 2022. The Oklahoma legislature is not scheduled to convene until February 7, 2022, such that there is ample time for policymakers and lobbyists to study the bill. We spoke with Representative Walke earlier this year about his goal of passing a privacy law in 2022.

In an accompanying press release, Representative Walke stated: “The National Security Commission on Artificial Intelligence explained that America is ill-prepared for the next decade of technological development, and part of that is due to a lack of governmental action in regulating things like data privacy. It is time that we heed the advice of security experts like the National Security Commission and pass meaningful data privacy legislation. We must be part of the solution and not the problem.”

In 2021, the Oklahoma House passed another privacy bill but it did not make it out of the Senate Judiciary Committee. According to Rep. Walke, the 2021 version will still be alive when the 2022 legislative session convenes such that Oklahoma lawmakers will have two bills to consider.

Below is an overview of the 2022 bill (as introduced).

In addition, members of Husch Blackwell’s privacy and data security practice will be hosting a webinar on September 28 to discuss developments in U.S. privacy law, including the 2022 Oklahoma bill. Click here to register.

In the sixth episode of our Legislating Data Privacy Series, we talk with Joseph Duball, staff writer at the International Association of Privacy Professionals.

In 2021, no one covered state privacy legislation more than Joe Duball. If there was a committee hearing or floor debate, Joe was listening and reporting. In his work contributing…

Keypoint: A detailed analysis of the Attorney General’s twenty-seven published examples of noncompliance notices sent during the first year of CCPA enforcement reveals key learnings for CCPA compliance efforts.

In July, the California Attorney General published twenty-seven “illustrative examples” of noncompliance notices it sent to businesses during its first year of enforcing the CCPA. The examples provide a rare glimpse into the Attorney General’s enforcement priorities.

The office sent enforcement notices to a wide range of businesses spanning a variety of industries. The alleged violations primarily concerned privacy policy disclosures, consumer requests, and opt-out of sale requirements. Other noncompliance topics included service provider contracts and “just in time” notices.

Below is an analysis of the published enforcement examples. The office emphasizes, however, that the information provided “does not include all the facts of each situation and does not constitute legal advice.”

In the fifth episode of our Legislating Data Privacy series, we talk with Florida Republican Representative Fiona McFarland.

In April, the Florida legislature was on the cusp of enacting consumer privacy legislation after both its House and Senate passed bills, although it ultimately was unable to pass a bill before adjourning. Representative McFarland was…

In the fourth episode of our Legislating Data Privacy series, we talk with Arizona Representative Domingo DeGrazia.

Representative DeGrazia is the author of HB 2865, which would have granted Arizona residents various privacy rights regarding their personal data.

In this fascinating interview, Representative DeGrazia – a CIPP/US – discusses the challenges of running…